Washington -- The U.S. House of Representatives today gave its stamp of
approval to Sen. Chuck Grassley's legislation to extend for nine months the
bankruptcy chapter designed for family farmers and ranchers.
Now, Grassley said he is working to expedite delivery of the
bill to the White House for the President's signature.
Grassley's proposal makes the extension of Chapter 12 effective October 1.
Chapter 12 expired on September 30, just hours after Grassley
won unanimous approval for the proposal from his Senate colleagues.
"Chapter 12 is a proven success as a leverage tool for farmers and their
lenders. It helps get the borrower and the banker to sit down and work out
alternatives for debt repayment," Grassley said. "The current depression in the
farm economy underscores the need to get this safety net on the books for good.
Many cash-strapped producers are squeezed to meet operating expenses and pay off
bank notes. Today's action by the House was very important."
Before today's vote, the House had voted for a three-month extension. Grassley urged the Speaker of the House and other members to reconsider the issue so that Chapter 12 would not expire on New Year's Eve, when Congress will be out of session and unable to again extend Chapter 12.
Chapter 12 was enacted in 1986, as part of Grassley's effort to help Iowa
farmers survive the economic crisis of the mid-1980s. Today, Grassley is leading
the effort to make Chapter 12 a permanent part of the federal bankruptcy code.
He included his legislation to expand and give permanent status to Chapter 12 in
the comprehensive bankruptcy reform bill that he authored with Sen. Robert
Torricelli of New Jersey. With debate on that package delayed because of
procedural disputes, Grassley two weeks ago introduced the bill that has been
passed by the Senate and House.
Unlike Chapter 11 of the bankruptcy code, which governs corporate
reorganizations, Chapter 12 does not require a financially distressed farmer to
obtain the consent of creditors prior to reorganization. The ability of lenders
and other secured creditors to veto a farmer's reorganization plan often led to
farm families being forced off their land and out of the business of farming. In
addition, unlike Chapter 7 of the bankruptcy code, which is a form of
liquidation, a financially distressed farmer doesn't have to surrender the farm
to creditors. Chapter 12 prohibits lenders from foreclosing on property if the
farmer is able to make rental payments.